Created by Fuzzy Cloud

Bombay High Court

PAWANDEEP SINGHversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The High Court allowed the withdrawal of the criminal application and dismissed it as withdrawn.

Summary

Pawandeep Singh filed a criminal application under Section 482 of the Code of Criminal Procedure (referred to as Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023) seeking to quash FIR No.208 of 2023, which alleged offences under various IPC sections and the Maharashtra Prevention of Malpractices at University Act. After hearing, the applicant's counsel requested a pass over and later sought to withdraw the application, intending to file a separate discharge application before the trial court. The State's counsel did not oppose the withdrawal. The High Court, after considering the request, granted leave to withdraw the application with liberty to file a fresh application before the trial court, and dismissed the present application as withdrawn. The order reflects the court's discretion to allow withdrawal of a criminal application under its inherent powers.

Issues considered

  • Whether a criminal application under Section 482 CrPC (or Section 528 of the Bharatiya Nagarik Suraksha Sanhita) seeking quash of an FIR can be withdrawn by the applicant.
  • Whether the High Court has the jurisdiction to permit such withdrawal and dismiss the application as withdrawn.

Legislation cited

Subjects

  • quash FIR
  • criminal application
  • Section 482 CrPC
  • withdrawal of application
  • High Court jurisdiction
  • criminal procedure

Judgment

                                                                                                 3-APL-8-2026.doc



GAYATRI
             Digitally signed
         by GAYATRI
         RAJENDRA
                                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
RAJENDRA SHIMPI
SHIMPI   Date: 2026.01.14
         21:28:05 +0530
                                                   CRIMINAL APPELLATE JURISDICTION
                                                  CRIMINAL APPLICATION NO. 8 OF 2026
                                Pawandeep Singh                                          … Applicant
                                         V/s.
                                The State of Maharashtra & Anr.                          … Respondents
                                                                         ---

                                Mr. Vinod Sangvikar, Advocate for the Applicant.
                                Mr. Prasanna Malshe, APP a/w Ms. Mankunwar Deshmukh, PP for
                                Respondent/State.
                                Mr. S. G. Yadav – PSI, MRA Marg, Police Station.
                                                              ---
                                                        CORAM : ASHWIN D. BHOBE, J.
                                                                DATE :         13th JANUARY, 2026.


                                P.C. :

                                1.               By the present Application, The Applicant has sought

                                for the following substantive reliefs :-

                                                 “a. That this Hon'ble High Court exercising power
                                                 u/s. 482 of the Code of Criminal Procedure (Section
                                                 528 of Bharatiya Nagarik Suraksha Sanhita, 2023) be
                                                 pleased to quash and set aside the CR/FIR No.208 of
                                                 2023 registered with the MRA Marg Police Station,
                                                 Mumbai for the offence punishable Under Sections
                                                 420, 465, 467, 468, 471, r/w. 34, 120B Of IPC and
                                                 Section 5,7 and 9 of The Maharashtra Prevention of
                                                 Malpractices at University, Board and other Specified
                                                 Examination Act, 1982, on 09.09.2023”




                                Gayatri shimpi                       1
                                                           3-APL-8-2026.doc



2.               After having heard the matter for some time, Mr. Vinod

Sangvikar, learned Advocate for the Applicant, sought a pass over.

At his request, the matter was taken up after some time. He on

instructions from the Applicant, craves leave to withdraw the

present Application with liberty to file an Application seeking

discharge before the Trial Court at the appropriate stage.



3.               Mr. Prasanna Malshe, learned APP for the State, does

not object to the request made by Mr. Vinod Sangvikar, learned

Advocate for the Applicant.



4.               In view of the above, leave granted to withdraw the

present Application with liberty as above. If any Application is filed

before the Trial Court, the same be considered on its own merits

and in accordance with law.



5.               Criminal Application No. 8 of 2026 is dismissed as

withdrawn.



                                       (ASHWIN D. BHOBE, J.)




Gayatri shimpi                     2


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.